Mortgage

Karthik (Querist) 02 July 2017 This query is : Resolved
Sir, my father borrow rupees 7 lakshs in 2012 from financier by mortgage deed. But he documented rupees 12.5 lakhs . Now he ask 12.5 lakhs with interest. Documents are registered. How we prove we buy only 7 lakhs.

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Guest (Expert) 02 July 2017
There is no way out as the prime deed/document is duly registered.
I'm sorry, but your father committed a blunder.

kavksatyanarayana (Expert) 02 July 2017
As per query, sorry to say it is not possible. but try to find out (1) how the financier paid the amount either by DD/Check or cash? if he paid the amount through check then you obtain the details. (2) in the document, the total value of the property will be noted in the document. so whether that amount shown as mortgage amount. so consult a local lawyer who is expert in Civil i.e this type of matters with the material you have.

Kumar Doab (Expert) 02 July 2017
The difference is huge 5.5 Lacs.
How was it paid?

Rajendra K Goyal (Expert) 03 July 2017
It would be difficult to prove that only 7 Lacks were taken as loan as written agreement / proof is there.

Engage an experienced lawyer and from effective cross try that financier admits that only 7 lacks were given.

Kumar Doab (Expert) 03 July 2017
A very able local senior counsel of unshakable repute and integrity specializing in such/civil matters can advise you after examining docs and inputs.

Guest (Expert) 03 July 2017
Agree with Mr RK Goyal

Guest (Expert) 03 July 2017
Well Advised and Agree

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